Bail in 419 420 467 468 471 120B IPC
sasha
(Querist) 10 July 2015
This query is : Resolved
1)got married in year 2000.
2)my father bot property in my MILs name forcibly to save my marriage in 2005.
3)2007 total share of defence officers society was surrendered to TATA .in lieu of 80 lakh rupees n one flat.
3) MIL took first installment of 15 lakh from defence society n opened an account in bank in connivance with her son pertaining my husbands handwriting on account opening form instead of mother in law. Pre planned motive of forgery. It was a joint account with my father.
4) second installment 17 lakh was taken by my father under authority letter by my MIL.
Since it was dowry property n MIL promised to put it on my name.
5) 2010 litigation started between me n my in laws . My MIL lodged a criminal complaint against my father in 2010 with two allegations.
a) she never knew payments were released by defence.
b) she never opened the joint account with my father n he impersonating some other lady opened account . signatures were not hers on account opening form ( it was of my husband) .I filed a civil suit on property on my MILS name n got stay on it for release of payments.
5a) in 2012 FIR was registered u/s 406 498a .
6)police investigation by my MIL conducted report went in my fathers favor.
7) MIL filed writ in hi court seeking direction to lodge FIR against my father on above sections.
8)direction given ,investigations conducted. Defence officers gave statement that MIL had taken money so has bank manager verified that both mother n son opened the account but who signed he never saw.
9)FSL report of handwriting came n it was verified that it was my husbands handwriting.
10) on complaint of my father FIR was lodged on both mother n son u/s 419 420 467 468 471 120B IPC.
My qus is
a) will both mother n son get bail in session n high court
Mother has given her age 77 in bail whereas in high court writ her age is 65yrs.
Sudhir Kumar, Advocate
(Expert) 11 July 2015
In the first instance you have not clear whether you are male of female.
If the property was purchased in 2005 in name of MIL to "save your marriage" then it was a dowry demand and it is not clear whether she has been booked in dowry demand case or not.
If it was not dowry demand then your father did no apparently as a special attachment to her.
land was surrendered to TATA it is not clear how Defence came in picture.
Your post also doe snot INDICATE why she needed anyone connivance in opening a bank account.
You have also not stated whether allegations against your father are true.
If the property was in her name then why should she not (and why anyone else should at all) get the compensation.
Further what is your query it is also not clear.
Sudhir Kumar, Advocate
(Expert) 11 July 2015
repeated
http://www.lawyersclubindia.com/experts/Bail-in-419-420-467-468-471-120B-IPC-547086.asp#.VaB6gl8ircs